In 2024, an unimaginable tragedy happened at a waterpark. A toddler drowned. Now, the blame of his death is still being decided. Texas authorities indicted the toddler's mother Jessica Weaver for his death. However, Weaver's lawyer is placing the blame with the lifeguards at the park. He accused them of trying to sell churros rather than focus on the wellbeing of those in the water.
The lawyer claims there's zero evidence that Weaver is responsible for the toddler's drowning. 3-year-old Anthony Leo Malave drowned on May 13, 2023 at Camp Cohen Water Park. The lawyer for Weaver blames ASM Global, LLC, the company behind the water park, for the toddler drowning.
The lawyer wrote, "[They] intentionally and knowingly prioritized the concessions and entertainment... over the safety of guests at the water park."
Attorney Ryan S. MacLeod from Webster Vicknair MacLeod points to evidence including testimonies from lifeguards on duty when the toddler drowned. He said the testimony proved the water park was "too crowded, too loud, and too chaotic." He accused the lifeguards of working in the kitchen frying churros rather than watching the pools.
Toddler Drowns
He wrote, "To be clear, there is zero evidence that Ms. Weaver intentionally or knowingly killed her child. Zero. On the other hand, there is plenty of evidence that the managers of ASM Global, LLC, the entertainment company the City of El Paso hired to run Camp Cohen Water Park, intentionally and knowingly failed to supervise their lifeguards on May 13, 2023, the day of the "soft opening" and instead intentionally and knowingly decided to spend their time in the kitchen. There is plenty of evidence that the managers of ASM Global, LLC intentionally and knowingly prioritized the concessions and entertainment at Camp Cohen over the safety of guests at the water park. Disgruntled former District Attorney Bill Hicks chose to ignore that evidence and instead seek an indictment of a single mother who had to bury her only child."
He included a testimony from a former director over the toddler drowning.
- MacLeod: "...you would agree with me that supervising lifeguards is more important than— doing things like frying churros, true?"
- Former director: "So the operation entails various responsibilities."
- MacLeod: "Whoa, whoa. Did you hear my question?"
- Former director: "I did."
- MacLeod: "Okay. We're talking about the safety of guests, right?"
- Former director: "Correct."
- MacLeod: "And drowning incidents, at least according to Ellis & Associates, are the third— the third highest types of incidents that lead to the injury and death of people all year, right?"
- Former director: "Yes."
- MacLeod: "How many people do you think starve from a lack of sour cream each year and die versus people who drown?
- Mr. Green: "Objection. Form"
- Former director: "Like, I don't know the data but—"
- MacLeod: "How many people do you think choke on fried churros or die as a lack of— starvation due to lack of having fried churros to eat versus people who drown at water parks?"
- Former director: "Obviously, I don't know how many, and I don't see the relevance of knowing the comparison."
The attorney rebuffed many of the accusations aimed at Weaver. He said the water park refused to allow her to bring in an outside life jacket for the toddler and didn't have any for the toddler on that day in question. He also claimed that a medical doctor offered to help the toddler, but lifeguards turned him away, citing policy.
